Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 132

Opposition re #127 MOTION for Leave to Appear Pro Hac Vice by Kimberlin L. Morely, #125 MOTION for Leave to Appear Pro Hac Vice by Darrell G. Dotson, #124 MOTION for Leave to Appear Pro Hac Vice by Monique L. Cordray, #123 MOTION for Leave to Appear Pro Hac Vice by Wendy A. Whiteford, #122 MOTION for Leave to Appear Pro Hac Vice by Stuart L. Watt, #126 MOTION for Leave to Appear Pro Hac Vice by MarySusan Howard filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)

Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Doc. 132

Case 1:05-cv-12237-WGY

Document 132

Filed 10/24/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, vs. F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, AND HOFFMANN-LA ROCHE INC., Defendants ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION No.: 05-CV-12237WGY

DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO ADMIT IN-HOUSE COUNSEL PRO HAC VICE Defendants F. Hoffmann-La Roche Ltd, Roche Diagnostics GmbH, and Hoffmann-La Roche Inc. (collectively "Roche") respectfully submit this opposition to Plaintiff Amgen Inc.'s ("Amgen") Motions for Admission Pro Hac Vice for Monique L. Cordray, Darrell G. Dotson, MarySusan Howard, Kimberlin L. Morely, Stuart L. Watt and Wendy A. Whiteford (collectively, "Amgen's in-house counsel"). Roche has not opposed any of Amgen's prior motions to admit its counsel pro hac vice, where no fewer than 28 attorneys from various law firms have appeared in this proceeding on behalf of Amgen (25 of whom were admitted pro hac vice).1 Roche does not have any

information about the fitness of the proposed in-house attorneys for admission, however, wishes only to note for the Court in this opposition that the admission of these 6 in-house Amgen attorneys should not be used by Amgen to circumvent the dispute about the protective order pending in a separate motion before the Court, as Roche continues its strenuous objection to

1

By contrast, 7 attorneys have appeared for Roche.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 132

Filed 10/24/2006

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allow highly confidential and sensitive information about an accused product that is pending approval before the FDA to be disclosed to anyone at Amgen, including Amgen in-house counsel. The parties' positions on an appropriate Protective Order will be addressed fully in separate submissions to the Court. Accordingly, Roche hereby respectfully requests that Amgen's motions for admission of its in-house counsel be denied at this time, or at least deferred. DATED: Boston, Massachusetts October 24, 2006 F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By its attorneys, /s/ Julia Huston Lee Carl Bromberg (BBO# 058480) Julia Huston (BBO# 562160) Keith E. Toms (BBO# 663369) BROMBERG & SUNSTEIN LLP 125 Summer Street Boston, MA 02110 Tel. [phone] [e-mail] - and Leora Ben-Ami (pro hac vice) Patricia A. Carson (pro hac vice) Thomas F. Fleming (pro hac vice) Howard Suh (pro hac vice) Peter Fratangelo (BBO# 639775) KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022 Tel: [phone]

Case 1:05-cv-12237-WGY

Document 132

Filed 10/24/2006

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CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on the above date. /s/ Julia Huston Julia Huston
03099/00501 563425.1